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The Luminary Club
Privacy Statement
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Terms and Conditions of Use of NACGB
Web Sites
Disclaimers
| Preservation of immunities
| General
The use of this web site constitutes agreement with the following terms
and conditions:
(a) The NACGB maintains this web site (the “Site”) as a courtesy
to those who may choose to access the Site (“Users”). The
information presented herein is for informative purposes only. The NACGB
grants permission to Users to visit the Site and to download and copy
the information, documents and materials (collectively, “Materials”)
from the Site for the User’s personal, non-commercial use, without
any right to resell or redistribute them or to compile or create derivative
works therefrom, subject to the terms and conditions outlined below, and
also subject to more specific restrictions that may apply to specific
Material within this Site.
(b) The NACGB administers this Site. All Material on this Site from the
NACGB appears subject to the present Terms and Conditions.
Disclaimers
Materials provided on this Site are provided “as is”, without
warranty of any kind, either express or implied, including, without limitation,
warranties of merchantability, fitness for a particular purpose and non-infringement.
The NACGB specifically does not make any warranties or representations
as to the accuracy or completeness of any such Materials. The NACGB periodically
adds, changes, improves or updates the Materials on this Site without
notice. Under no circumstances shall the NACGB be liable for any loss,
damage, liability or expense incurred or suffered that is claimed to have
resulted from the use of this Site, including, without limitation, any
fault, error, omission, interruption or delay with respect thereto. The
use of this Site is at the User’s sole risk. Under no circumstances,
including but not limited to negligence, shall the NACGB or its affiliates
be liable for any direct, indirect, incidental, special or consequential
damages, even if the NACGB has been advised of the possibility of such
damages.
The User specifically acknowledges and agrees that the NACGB is not liable
for any conduct of any User.
This site may contain advice, opinions and statements of various information
providers. The NACGB does not represent or endorse the accuracy or reliability
of any advice, opinion, statement or other information provided by any
information provider, any User of this Site or any other person or entity.
Reliance upon any such advice, opinion, statement, or other information
shall also be at the User’s own risk. Neither the NACGB nor its
affiliates, nor any of their respective agents, employees, information
providers or content providers, shall be liable to any User or anyone
else for any inaccuracy, error, omission, interruption, deletion, defect,
alteration of or use of any content herein, or for its timeliness or completeness,
nor shall they be liable for any failure of performance, computer virus
or communication line failure, regardless of cause, or for any damages
resulting therefrom.
As a condition of use of this Site, the User agrees to indemnify the
NACGB and its affiliates from and against any and all actions, claims,
losses, damages, liabilities and expenses (including reasonable attorneys’
fees) arising out of the User’s use of this Site, including, without
limitation, any claims alleging facts that if true would constitute a
breach by the User of these Terms and Conditions. If the User is dissatisfied
with any Material on this Site or with any of its Terms and Conditions
of Use, the User’s sole and exclusive remedy is to discontinue using
the Site.
This Site may contain links and references to third-party web sites.
The linked sites are not under the control of the NACGB, and the NACGB
is not responsible for the content of any linked site or any link contained
in a linked site. The NACGB provides these links only as a convenience,
and the inclusion of a link or reference does not imply the endorsement
of the linked site by the NACGB.
If this Site contains bulletin boards, chat rooms, access to mailing
lists or other message or communication facilities (collectively, “Forums”),
the User agrees to use the Forums only to send and receive messages and
materials that are proper and related to the particular Forum. By way
of example and not as a limitation, the User agrees that when using a
Forum, he or she shall not do any of the following:
(a) Defame, abuse, harass, stalk, threaten or otherwise violate the legal
rights (such as rights of privacy and publicity) of others;
(b) Publish, post, distribute or disseminate any defamatory, infringing,
obscene, indecent or unlawful material or information;
(c) Upload or attach files that contain software or other material protected
by intellectual property laws (or by rights of privacy and publicity)
unless the User owns or controls the rights thereto or has received all
consents therefor as may be required by law;
(d) Upload or attach files that contain viruses, corrupted files or any
other similar software or programs that may damage the operation of another’s
computer;
(e) Delete any author attributions, legal notices or proprietary designations
or labels in any file that is uploaded;
(f) Falsify the origin or source of software or other material contained
in a file that is uploaded;
(g) Advertise or offer to sell any goods or services, or conduct or forward
surveys, contests or chain letters, or download any file posted by another
user of a Forum that the User knows, or reasonably should know, cannot
be legally distributed in such manner.
The User acknowledges that all Forums and discussion groups are public
and not private communications. Further, the User acknowledges that chats,
postings, conferences, e-mails and other communications by other Users
are not endorsed by the NACGB, and that such communications shall not
be considered to have been reviewed, screened or approved by the NACGB.
The NACGB reserves the right to remove, for any reason and without notice,
any content of the Forums received from Users, including, without limitation,
e-mail and bulletin board postings.
Preservation of immunities
Nothing herein shall constitute or be considered to be a limitation upon
or a waiver of the privileges and immunities of the NACGB, which are specifically
reserved.
General
The NACGB reserves its exclusive right in its sole discretion to alter,
limit or discontinue the Site or any Materials in any respect. The NACGB
shall have no obligation to take the needs of any User into consideration
in connection therewith.
The NACGB reserves the right to deny in its sole discretion any user
access to this Site or any portion thereof without notice.
No waiver by the NACGB of any provision of these Terms and Conditions
shall be binding except as set forth in writing and signed by its duly
authorized representative.
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